Injured on a Cruise Ship

  • Overview & Examples
  • What You Need To Know
  • Specialising Lawyers
Make A Claim

Overview

Dangerous Recreational Activity Injuries

There has been a significant increase in the popularity of cruise ships as a holiday option for Australians, particularly over the last few years. Cruises are now available in Australian waters, the South Pacific, the Americas, the Caribbean and the Mediterranean.

Regrettably, like all other aspects of our lives, accidents do happen—and cruise ships are no exception. If an accident occurs on a cruise ship, and you suffer injury as a result, you may be entitled to make a compensation claim for damages. Contacting a cruise ship accident attorney, such as the experienced injury lawyers found at Brydens Lawyers, is highly recommended.

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What You Need To Know

Are You Eligible To Make Any Cruise Ship Accident Claim?

The location of the cruise ship at the time of the accident can determine the laws that apply. If the accident occurred in international waters, then Maritime Law applies. This can be a very complex and complicated area of law to claim compensation law and cruise ship passengers who have suffered injuries may need to seek a specialised cruise ship accident lawyer to assist with their personal injury claim.

Many major cruise lines and cruise ships will have a disclaimer or waiver in their travel documentation that will try and limit or negate the liability of the cruise ship operator for any injuries sustained by crew or cruise passengers during the course of the cruise.

Cruise ship injury claims can also be brought under the Australian Consumer Laws which can offer us protection even when we are overseas. Your cruise ship ticket or contract may also contain an exclusive jurisdiction clause that can determine the court you are able to bring your claim to, so it is important to keep a copy of all your travel documents. In the event that you suffer from any cruise ship injuries, then having copies of these documents in your possession will make it easier for cruise ship accident lawyers to provide you with assistance.

If you had taken out a valid travel insurance policy, your travel insurance may assist with the payment of medical expenses. However this will not prevent you from making a claim for compensation.

To check whether or not you are eligible to make a cruise ship accident claim, contact Brydens Lawyers online or call 1800 848 848 today.

What Cruise Ship Accident Compensation Are You Able To Claim?  

Your cruise ship contract and the location of your accident (whether it was at sea or in local waters) will determine under what legislation your claim is to be made.

If you are eligible to make a claim for damages under one or more of the statutory regimes, you may be able to claim:

  • General damages for pain and suffering.

  • The costs of past and future medical expenses.

  • Past and future lost wages (if applicable).

  • The value or cost of past and future care or domestic assistance required as a result of the accident (if applicable).

  • A contribution towards your legal costs.

What Is Your Next Step?

Once any cruise ship accidents have occurred and injuries sustained have been sufficiently stabilised by proper medical treatment, consulting Brydens Lawyers is your next step.We will assist you with determining whether any claim is available for compensation regarding the injury sustained and our experienced team of cruise ship injury lawyers will help ensure you receive the benefits to which you may be entitled to.

When Should You Consult A Cruise Ship Injury Attorney Or Lawyer About Making A Claim?

Strict time limits apply when making a claim for injuries sustained on a cruise ship. Generally, you have two years from the date of the accident to bring proceedigns against the cruise line and after such time, your claim could be statue barred. Contacting a cruise ship injury lawyer as soon as reasonably possible is highly recommended.

Why Are Brydens Lawyers The Right Representation For You?

Brydens Lawyers have been prosecuting personal injury claims on behalf of injured persons for over 50 years. Operating on a ‘No Win – No Fee’ policy, Brydens Lawyers will not raise a tax invoice for having acted on the behalf of a client if their personal injury or compensation claim is unssuccesful. More information about how this works can be found on our ‘No Win – No Fee’ page.

Testimonials

Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.

Sue from Carlingford, a client of our Common Law division

What would of we done without the wonderful team from Brydens Lawyers? During a very difficult time in our life they were able to ease a situation with professionalism, compassion and positive support. The Brydens Lawyers team have the ability to connect with people and have a drive of excellence in everything they do. We highly recommend Brydens Lawyers, we are very grateful to the wonderful team.

Tracie and Adam C, clients of our Common Law division

Thank you SO much! Lee, Bill, Steven, Natalia and Carly are extremely helpful at a time of extreme stress! Lee what you did today, blew me away! I cannot thank you enough!

Joanna C, a client of our Common Law division

Recently I concluded a very long Common Law case against my employer for a significant injury I received in the workplace. Brydens Lawyers worked tirelessly to get the best possible result. I was kept informed during the process & they ensured that my input was respected every step of the way. It is a long and at times stressful process, however I always felt my legal team had my very best interest in the forefront at all times. I cannot thank them enough.

Sharon B, a client of our Common Law division

Meet the team that specialise in

Personal Injury

Meet the Team
Bandeli (Lee) Hagipantelis
Bandeli (Lee) Hagipantelis

Principal

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Stephen Cahill
Stephen Cahill

Senior Associate

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David Le
David Le

Senior Associate

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Paul Henderson
Paul Henderson

Associate

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Hoona Li
Hoona Li

Senior Lawyer

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Thi Nguyen
Thi Nguyen

Senior Lawyer

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Tiffany Truong
Tiffany Truong

Senior Lawyer

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Alexandra Wright
Alexandra Wright

Senior Lawyer

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Frequently Asked Questions

How long do I have to make a compensation claim, and are there time limits?

If your accident occurred on or after 1 December 2017, there are a number of time limits that are strictly enforced in the pursuit of a claim for statutory benefits and damages under the Motor Accident Injuries Act (NSW) 2017. They are summarised below: - (a)  The accident must be reported to the police within 28 days of the incident. - (b)  An Application for Personal Injury Benefits must be lodged with the insurer for the vehicle at fault for the accident within 3 months of the occurrence of the accident. - (c)  A Common Law Damages (Lump Sum Compensation) claim form must be lodged within 3 years of the accident. - (d)  Court proceedings must be commenced within 3 years of the accident.

What am I entitled to claim in damages?

The New South Wales Government enacted the changes to the motor accident scheme which took effect as of 1 December 2017. The purpose was to significantly reduce the level of damages available to an injured motorist. Such claimants are now only able to claim the following: - (a)  Non-economic loss (pain and suffering damages if a claimant’s injuries result in a whole person impairment of greater than 10%. - (b)  Past and future wage loss. - (c)  Past and future superannuation benefits. In a damages claim, there is no longer any entitlement to recover the value of gratuitous domestic assistance and care provided by family members and friends. There is also no claim available for future medical treatment and expenses to be paid on a lump sum basis.

How long does the compensation process take?

There are a number of factors that can affect how long a damages claim may take. This would include: - The severity of the claimant’s injuries. - The time it takes for a claimant’s injuries to stabilise to enable a proper assessment. - Whether further treatment is required in the future by way of surgery. - The possibility of long-term complications. Generally speaking, a damages claim should be completed within 18 months to 2 years following an accident where injuries have sufficiently stabilised and the greater than 10% whole-person impairment threshold has been reached.

Do I need to personally obtain supporting evidence myself?

No. In relation to a damages claim your expert team at Brydens Lawyers will obtain all necessary liability, medical and other evidence to substantiate the claims which have been made on your behalf so as to ensure that you recover all of your entitlements. There will be times when you may be asked to assist by providing copies of your taxation returns or other documents in your possession. However, for the most part, any and all external documents required that may not be in your possession will be recovered by Brydens Lawyers on your behalf.

What costs do I have to pay?

Unfortunately, the legislation does not allow any legal costs to be recovered by a claimant requesting internal review of an insurer’s decision. You are not required to pay any upfront costs in connection with your statutory benefits and/or damages claims. Subject to the regulations, the insurer is required to pay a contribution of your legal costs at the successful completion of your motor accident claim.